GIANI KARTAR SINGH Vs. REX

JUDGEMENT

(1.) THIS is an application by Giani Ear-tar Singh and sis others Under Section 491, Criminal P. C. Except Giani Kartar Singh all others are reported to have been released and are at present not under detention. Their habeas corpus application, as such, has now become infructuous, and is struck off.

(2.) TWO main points have been raised on behalf of Giani Kartar Singh before the Court? firstly, that the Punjab Act, II [2] of 1947, has now ceased to have effect and secondly, that the order of detention has been passed on no sufficient grounds.

(3.) PUNJAB Act, II [20] of 1947, in my opinion, N has not as yet ceased to have effect. Section 93, Government of India Act, 1935, no doubt, now stands omitted by the India (Provisional Constitution) Order, 1947. Section 18 (3), Indian Independence Act, 1947, however, lays down that; Save as otherwise expressly provided in this Act, the law of British India and of the several parts thereof existing immediately before the appointed day shall, so far aa applicable and with the necessary adaptations, continue as the law of each of the new Dominions and several parts thereof until other provision is made by laws of the Legislature of the Dominion in question or by any other Legislature or other authority having power in that behalf. Section 93 (4), Government of India Act, 1935, lays down that if the Governor. . . assumes to himself any power of the Provincial Legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the Proclamation ceases to have effect, unless sooner repealed or re-enacted by Act of appropriate Legislature. . . . The proclamation certainly remained in force till 14th August 1947. The law has not so fall been repealed. There is thus no reason to suppose that Punjab Act il [2] of 1947 has now ceased to have effect.